Legal Question in Real Estate Law in California

Real Estate Consideration

When selling a home can the seller continue to accept offers after a buyer has made an offer and has given money as consideration to hold the property?


Asked on 7/03/03, 7:16 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Real Estate Consideration

Yes, he can take backup offers. However, he cannot bump the first buyer just because he gets a better offer later. If the first buyer's offer is contingent upon the sale of their home, you may have a 72 hour clause that requires the buyer to remove that contingency.

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Answered on 7/03/03, 7:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Real Estate Consideration

Yes, but the subsequent offers cannot be accepted by the seller; they can only be received as back-up offers subject to acceptance should the prior offeror back out based upon a contingency not being met or some other reason why the prior deal comes unglued. Persons being solicited to make back-up offers are entitled to be made aware of all the circumstances.

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Answered on 7/03/03, 8:42 pm

Re: Real Estate Consideration

You didn't say whether the seller accepted your offer in writing or who received the money. If there is no signed acceptance of your offer, you may not have a contract. Show the documents to a real estate lawyer.

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Answered on 7/04/03, 1:26 am


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